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(영문) 서울서부지방법원 2018.11.22 2018나30775
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On August 2014, the Plaintiff transferred the main office from the 6th to the 4th floor of the building located in Yongsan-gu Seoul Metropolitan Government (hereinafter “instant building”) located in Yongsan-gu (hereinafter “instant building”), and performed the interior works on the 4th floor of the instant building for about 38 days from August 26, 2014 to November 2014 (hereinafter “instant construction works”), and disbursed KRW 53,898,350 at the total expenses.

B. The instant construction includes construction on the floor replacement (including the main floor), singler installation works, lighting and electrical construction, the wind voting and marketing system installation works, two for filling-type air conditioners installation works, and two for a hot water meter installation works. Each of the construction works included defects such as the attached Form (hereinafter “instant defects”).

[Ground of recognition] No dispute, Gap evidence Nos. 1, 3, and 4, or the purport of the whole video and pleading

2. Summary of the parties' arguments

A. The Defendant, as the contractor of the instant construction, shall pay the Plaintiff KRW 55,780,00 in lieu of the repair of the instant defects.

B. The defendant introduced the construction business operator to the plaintiff, and only part of the construction work of this case for the plaintiff, is not the contractor of the construction work of this case, and the plaintiff cannot respond to the plaintiff's request.

3. Determination

A. In light of the following circumstances, it is reasonable to view the Defendant as the contractor of the instant construction project, in view of whether the Defendant is the contractor of the instant construction project, comprehensively taking into account the following circumstances acknowledged by comprehensively taking into account whether the Defendant is the contractor of the instant construction project: Gap’s evidence and evidence Nos. 6 through 8, 10 through 18, and Eul’s evidence No. 3, and the testimony and arguments

1) The Plaintiff’s written estimate of KRW 31,130,950 (hereinafter “instant estimate”) with respect to the instant construction project from the Tearsen Company, the originalF.

In the end, the construction of this case was not assigned to F.

On the other hand, among the members of the plaintiff, the defendant is excluded.

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